Item F3 } F.3
`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
September 15, 2021
Agenda Item Number: F.3
Agenda Item Summary #9653
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180
9:15 A.M. Land Authority
AGENDA ITEM WORDING: Discussion and Direction to work with County Legislative Affairs
to seek an amendment to Monroe County Land Authority (MCLA) Statute 380.0666, Powers of
Land Authority to add a provision allowing the MCLA to administer state and federal grants
awarded to the county for residential flood and sea level rise mitigation such as home elevation,
home demolition/reconstruction, etc.
ITEM BACKGROUND: The County and Land Authority (MCLA) entered into an interlocal
agreement on July 21, 2021 consolidating acquisition programs previously administered by the
County staff with the Land Authority.
One of the programs to be administered by the MCLA, under this agreement, is the FEMA funded
Flood Mitigation Assistance (FMA) Acquisition and Demolition program.
The FMA has additional components of Elevation and Demolition/Reconstruction which are eligible
program activities.
Further, the County is working with the Army Corp and a major component of that study is to assist
property owners in elevating their homes to build resiliency in the community.
Currently, the MCLA powers do not allow it to administer elevations or demolition/reconstruction
grants; however, in order to streamline grant administration, staff are recommending, but understand
the legislative process may change the language, expanding the MCLA powers to include the
following:
To assist the county in which the land authority is located in administering
state and federal grants awarded to the county for residential flood and sea
level rise mitigation proiects, including grants for the elevation of structures
above minimum flood elevations; demolition and reconstruction of structures
above minimum flood elevations; and acquisition of land with structures at
risk of flooding.
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F.3
A memorandum explaining this further is attached. Staff do not recommend changing the powers so
that Land Authority revenue is used for this purpose.
If directed, MCLA staff will work with County Legislative staff to propose this amendment in the
next legislative session.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Direct staff to work with County legislative staff to amend F.S.
380.0666 Powers of Land Authority to expand the powers of the MCLA to include administration of
state and federal grants for residential flood and sea level rise mitigation projects.
DOCUMENTATION:
Memo explaining requested amendment to Chapter 380.0006 Powers of Land Authority adding
floodplain mitigation
Signed interlocal agreement
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
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F.3
Mark Rosch Completed 08/30/2021 9:16 AM
Charles Pattison Completed 08/30/2021 9:44 AM
Bob Shillinger Skipped 08/27/2021 3:18 PM
Liz Yongue Completed 08/30/2021 2:11 PM
Board of County Commissioners Pending 09/15/2021 9:00 AM
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MONROE COUNTY LAND AUTHORITY
1200 Truman Avenue, Suite 207, Key West, FL 33040 --
Phone: (305)295-5180 Fax: (305)295-5181
`Stay Focused, Buy Land'
MEMORANDUM
To: Monroe County Land Authority Governing Board
From: Christine Hurley, Incoming Land Authority Executive Director 0
Date: September 1, 2021 2
Subject: Proposed Amendment to Land Authority Statute—Adding administration of
Flood/Sea Level Rise State and Federal Grant programs
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Section 380.0666 of Florida Statutes governs the powers of the Monroe County Land Authority.
After Hurricane Irma, the County developed grant applications through the Hazard Mitigation
Grant Program for acquisition of impacted properties. The County also developed applications for
elevating structures above the minimum required flood elevation. This program is funded by the 0
Federal Emergency Management Agency (FEMA) and administered by the Florida Department of
Emergency Management(FDEM),following storms. There is also an annual grant program funded 0
and administered the same way, known as the Flood Mitigation Assistance (FMA) program that
provides funding for acquisition, elevation, and demolition/reconstruction, all for local
governments to facilitate rebuilding their communities to be flood resistant and eliminate flood
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risk from the National Flood Insurance Program (NFIP). Further, the Federal Army Corp of
Engineers has conducted a study of the Florida Keys and within unincorporated Monroe County 2
there are over 1800 structures recommended for elevation. Final results of that study are
pending. These programs are vital to the changing climate and risks associated with flooding
related to storms and sea level rise.
The Florida legislative session begins in January,2022. The County is developing their legislative a
priorities and County staff are seeking County Commission approval of the 2022 legislative goals. 0)
Land Authority Staff are proposing to expand the land authority powers to include the following: 0)
To assist the county in which the land authority is located in administering C
state and federal grants awarded to the county for residential flood and sea
level rise mitigation proiects, including grants for the elevation of structures
above minimum flood elevations; demolition and reconstruction of structures
above minimum flood elevations; and acquisition of land with structures at X
risk of flooding. c
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The Land Authority recently entered into an agreement with the County to manage additional
acquisition programs developed by the County over the past several years to consolidate and
streamline government operations. These programs work with private property owners and further E
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F.3.a
the goals of acquisition of land with protected habitat, acquisition of development rights
decrease legal property rights potential takings liability or Bert J Harris claims, acquisition of
damaged structures and restoring land to green space or facilitating drainage improvements. The
FMA grant program for acquisition is the same program used for elevations and
demolitions/reconstruction. Given the programs recently transferred to the land authority and the -�
fact that staffing and program administration for the acquisition portion of the programs duplicate
the staffing and program administration for the additional program benefits, staff is recommending <
the powers of the land authority be expanded so the delivery of these grant funds can be as efficient C
as possible in service delivery. 2
Full text of 380.0666, Florida Statutes With Proposed Amendment
380.0666 Powers of land authority. —The land authority shall have all the powers necessary or 0
convenient to carry out and effectuate the purposes and provisions of this act, including the 4-
following powers, which are in addition to all other powers granted by other provisions of this
act:
(1) To sue and be sued; to have a seal, to alter the same at pleasure, and to authorize the use of
a facsimile thereof, and to make and execute contracts and other instruments necessary or
convenient to the exercise of the powers of the land authority.
(2) To undertake and carry out studies and analyses of county land planning needs within areas �t
of critical state concern and ways of meeting those needs.
(3)(a) To acquire and dispose of real and personal property or any interest therein when such
acquisition is necessary or appropriate to protect the natural environment,provide public access c
or public recreational facilities,preserve wildlife habitat areas,provide affordable housing to u
families whose income does not exceed 160 percent of the median family income for the area, 0
prevent or satisfy private property rights claims resulting from limitations imposed by the
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designation of an area of critical state concern, or provide access to management of acquired
lands; to acquire interests in land by means of land exchanges; to contribute tourist impact tax
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revenues received pursuant to s. 125.0108 to the county in which it is located and its most
populous municipality or the housing authority of such county or municipality, at the request of
the county commission or the commission or council of such municipality, for the construction,
redevelopment, or preservation of affordable housing in an area of critical state concern within
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such municipality or any other area of the county; to contribute funds to the Department of
Environmental Protection for the purchase of lands by the department; and to enter into all 0)
alternatives to the acquisition of fee interests in land, including, but not limited to, the acquisition a
of easements, development rights, life estates, leases, and leaseback arrangements. However, the 0)
land authority shall make an acquisition or contribution only if:
1. Such acquisition or contribution is consistent with land development regulations and local 2
comprehensive plans adopted and approved pursuant to this chapter;
2. The property acquired is within an area designated as an area of critical state concern at the C
time of acquisition or is within an area that was designated as an area of critical state concern for C,
at least 20 consecutive years before removal of the designation;
3. The property to be acquired has not been selected for purchase through another local,
regional, state, or federal public land acquisition program. Such restriction does not apply if the X
land authority cooperates with the other public land acquisition programs which listed the lands 0
for acquisition, to coordinate the acquisition and disposition of such lands. In such cases, the land
authority may enter into contractual or other agreements to acquire lands jointly or for eventual
resale to other public land acquisition programs; and
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4. The acquisition or contribution is not used to improve public transportation facilities or
otherwise increase road capacity to reduce hurricane evacuation clearance times.
(b) To use revenues received pursuant to s. 125.0108 to pay costs related to affordable housing
projects, including:
1. The cost of acquiring real property and any buildings thereon, including payments for -�
contracts to purchase properties;
2. The cost of site preparation, demolition, environmental remediation that is not reimbursed <
by another governmental funding program, and development;
3. Professional fees in connection with the planning, design, and construction of the project,
such as those of architects, engineers, attorneys, and accountants;
4. The cost of studies, surveys, and plans; E
5. The cost of the construction, rehabilitation, and equipping of the project, excluding permit
and impact fees and mitigation requirements;
6. The cost of on-site land improvements, such as landscaping,parking, and ingress and egress, 0
excluding permit and impact fees and mitigation requirements; and 4-
7. The cost of offsite access roads, except those required to meet hurricane evacuation
clearance times.
(c) To assist the county in which the land authority is located in administering state and federal
grants awarded to the county for residential flood and sea level rise mitigation_ projects, including
grants for the elevation of structures above minimum flood elevations, demolition and
reconstruction of structures above minimum flood elevations, and acquisition of land with C
structures at risk of flooding.
(4) To borrow money through the issuance of bonds for the purposes provided in this act,to
provide for and secure the payment thereof, and to provide for the rights of the holders thereof. c
(5) To purchase bonds of the land authority out of any funds or moneys of the land authority u
available therefor and to hold, cancel, or resell such bonds. 0
(6) To invest any funds held in reserves or sinking funds, or any funds not required for
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immediate disbursement, in such investments as may be authorized for trust funds under s.
215.47, and in any authorized investments, if such investments are made on behalf of the land
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authority by the State Board of Administration or by another trustee appointed for that purpose.
(7) To contract for and to accept gifts, grants, loans, or other aid from the United States
Government or any person or corporation, including gifts of real property or any interest therein.
(8) To insure and procure insurance against any loss in connection with any bonds of the land
authority and the land authority's operations, including without limitation:
(a) The repayment of any loans to mortgage lenders or mortgage loans;
(b) Any project;
(c) Any bonds of the land authority;
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in such amounts and from such insurers, including the Federal Government, as it may deem
necessary or desirable and to pay any premiums therefor. 2
(9) To engage the services of private consultants on a contract basis for rendering professional
and technical assistance and advice. C
(10) To make and execute agreements, contracts, and other instruments necessary or C,
convenient in the exercise of the powers and functions of the land authority under this act,
including contracts with any person, firm, corporation, local government, or other entity; and all
local governments established under the laws of the state are hereby authorized to enter into and X
do all things necessary to perform such contracts and otherwise cooperate with the land authority 0
to facilitate the accomplishment of the purposes of this act.
(11) To undertake any actions necessary to conduct a feasibility and design study for a solid
waste management facility in an area of critical state concern and, if such project is feasible, to
carry out such project. E
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(12) To identify parcels of land within the area or areas of critical state concern that would b
appropriate acquisitions by the state and recommend such acquisitions to the advisory council
established pursuant to s. 259.035 or its successor.
(13) To do any and all things necessary or convenient to carry out the purposes of, and exercise
the powers given and granted in, this act. -�
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CMJR
Kevin Madok, CPA
Monroe n
Clerk of the Circuit Court&Comptroller— o oe County, Florida
DATE: July 30, 2021
TO: Emily Schemper
Planning & Environmental
FROM: Sally M. Abrams, D.C.
SUBJECT: July 21" BOCC Meeting
Attached, for your handling, is an electronic copy of K12, an interlocal agreement
between Monroe County Land Authority (MCLA) and Monroe County (MC) authorizing
the MCLA to manage S MC employees and MC acquisition programs including: Density
Reduction Program, Less than Fee Program, Habitat Restoration Program, Re-sale of vacant
Density Reduction lots without Development Rights, the CDBG-DR Voluntary Home Buyout,
and the HMGP-Buyout programs; and repealing the prior interlocal agreement dated October 19,
2016.
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cc: County Attorney �
Finance
File
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KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILB{N[
50OWhitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 high Point Read
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 PI r
305-294-4641 305-289-6027 305-852-7145 30 Packet Pg. 1167
IIwtil"lf ERL.OCA.L AGREEMENT I3E"1„W EN THE l f N OE COUNTY LAND AUTHORITY
AND THE BOARD OF COUNTYCOMMISSIONERS SLONER OF MONROE COUNTY REGARDING
TALL+.' ADMINISTRATION OF LAND D ACQUISITION IO L'R.[:)GRAI
This Interlocal Agreement ("A rcement")is made and entered into this 21 st day of July, 2021, by �
and between the Board of County Con:naissionet°s of Monroe C-ounty, Floridan ("BOCC'") and the Monroe .2
County Comprehensive Plan l.,and Authority ("MCI-A").
WHEREAS,the "state of Florida through the Florida Keys Area Protection Act has identified the �
State's intent to ensure that the population ofthe FloridaKeys can be safely evacuated in the event of a a
hurricane and has designated the Florida Keys as an Areas of Critical State Concern. I'. .3ISU. 5 r2.
("'Keys ACSC„); and
WHEREAS, the State of Florida has provided that ttre land aaurtl4ority may acquire and dispose of �
real property or an), interest therein when such acquisition is necessary or appropriate to prevent or satisfy
the purposes and provisions of its governing act, including conservation(natural' environm en( and wildlife
habitat), recreation, affordable housing„ and private property rights claims resulting from linaitation.s E
finposed by the designation ofan area of critical stare concern. F. .380.066 (3) and o
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WHEREAS, Monroe County has adopted such an ordinance creating Monroe C"erurrty
Comprehensive Plan Land! Authority ("MCf.A") and granting it the power to do any and all things
necessary or convenient to carry ouI the purposes of such: an ordinance. Monroe County Code Sec. -397;, �
WHEREAS, Monroe. County has adopted a Rate, of Crrowth Ordinance("[COGO"), as set forth in e
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Chapter 138 of"the Monroe County [,and! 'Development Cade, with the stated purpose of protecting the
residents, visitors, and property in the counaty from natural disasters, specifically including hurricanes by U
l'imilting the annual amount and rate of residential development con:rnensurate with the county"s ability to �
maintain:a reasonable and safe hurricane evacuation clearance tln:e; and
WHEREAS, ROGO pern:it allocations are Currently limited, by rule; promulgated by the Florida .�
Administrative Code Rule 2 -201.140, to 197 permits per year for Monroe Cou11:ty with: an anticipated �
build out of all available permits for the Florida Keys by tpre year 202 ;
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"4aW"[LI;REAS, lvltrnru:e. Caul:ty amended its Comprehensive flan to extend that date to 2026 by CD
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slowing,;the distribution rates of RO O permits as set forth in F A.C.;, 28-20.140,and m
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WHEREAS. RCIGO is in:palerrnentecl through a tier system whereby real property is divided into
three tiers establishing criteria for the evaluation of real property for the building permit application
process wvithin Monroe County, Tile most highly developable infill properties are designated as 'Fier III �
properties. Monroe County Code Sec. 13 -28-1 and �
WHEREAS,there are currently approximately 8,000 undeveloped, piiivatcl'y owned parcels, with
over 3,000 Of these, undeveloped, privately Owned parcels designated as `rier III properties in Monroe w
County;and �
WHEREAS,S, due to [lie lirnitations car: the number of ROGO allocations imposed by (he State of
Florida, Monroe County may be unable to issue residential building pernnits for all oaf the undeveloped
privately owned parcels, in Monroe County;and
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WHEREAS, in order to reduce tlae potential liability of Monroe County for property rights
claims and to address the corresponding potential impacts on the C::ounty's hurricane evacuation clearance
t:inaes. the BOCC desires to implement as many acquisitioni programs as possible to offset the risk of
potential property rights claims'- and
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WHEREAS, BOC"C has:
A. Created the Less Tlran lee Acquisition hrograna; _
B. Created the Density Deduction Program by implementing Fund 316 for Acquisition; -a
C. Autilorized the resale of up to eleven (l 1)lots ac mired under the, Density Reduction
Program with deed restrictions that stripped ability of owner to apply fora rate of growth �
ordinance (DC7GO) allocation;
D. Supported Iand maintenance,of conservation lands including coordination of land
maintenance of vacant county owned land from the Monroe Ccaunty Environmental Land �
Management and Restoration Fund (1"und 160, aka MC ELMDL7, a noon-ad valorem: fund)„ �
1 . Supported acquisition programs related to grant funding received by the,County
including but not limited to: o
a. Community Development Block Grant(C:;DBG) 4-
b. Hazard Mitigation Grant Prograaraa (l-lMGP)(currently in application with
F D M)
C. flood! Mitigation Assistance(FMA) program: (currently developing applications);
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F. AL111101`rted C.ouuatwy and MCLA stafl'to coordinate wvitil Mate Department of
Fnvironmental protection (DEP) and Departrrreaat of Economic Opportunity (1' EO) on �
Florida Forever project properties by 2017 MernoraandcnM of Agreement and �
Confidentiality Acknowledgement for the Florida Forever Keys Projects, located in
Monroe County,as aarnended for the 2n'time ora May 20,2020;and
WHEREAS, the 1 t C°C.; would Bice, to create a grog rani to forraaalire the disposition of Density
Reduction lots, wvithout development rights, and would like MCLA staff to help, create and administer
that program;and �
WHEREAS, the, BO,CC" also desires to continue to work cooperatively with the DEf) to purchase
Florida Forever properties in tile.. Florida Keys foi- the purposes of preserving envirerrrmenta:lly sensitive �
lands and for the purposes of reducing the State and C:;ounty"s potential exposure to property rights �
claims; and _
l''SOW THEREFORE.,the parties agree as follows:
SECTION 1 REC:ITA .,S: 1"lae above recitals are tr°roe and correct and are incorporated herein by
rekerence, The parties intend for this Agreement to address program a adn'linistration of acquisition �
programs described be:lo�w.
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SECTION 2 _ ADOPTION: ']'he interlocal agreement betwwreen MCLA and BBC C dated October
19, 2016,, is hereby repealed and replaced by this interlocal agreement. This agreement shall have
a phased inipleimentation. Starting oil August 22, 2021, the MCLA shall' be authorized to begin
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implementation and management of the programs set forth in Section 3 along with access and
use of the vehicle set forth in :section 8, herein. The remainder of'this agreement shall became
effective as of October 1, 2021. This agreement shall terminate upon termination of the I'lorida
Keys Area of Critical State Concern designation, unless terminated earlier according to the to nis.
of this agreement.
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SECTION 3 - PROGRAMMING:ING: MCL.ft"s administration will iraclarde grant management of the
BOCC programs outlined below (hereinafter [lie -Programs"), "including, Dart 111ot lirnited too seller and/or
buyer coordination; negotiating purchase and sale agreements; ordering due diligence products on behalf �
of the BOCC:, including but nol limited to appraisals. boundary surveys, environmental assessments and �
any offier inspecl ions required in order to facilitate the BOCC s acquisition,and ordering closing;services, �
title cornnritments, and title insurance policies on behall" of the BOCC The MCLA staff shall beCD
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responsible for preparing all agenda items necessary to accomplish the purposes of this agreement, C
including but not lirnited to agenda items requiring BOC'C approval. MCLA staff shall coordinate with
BOCC staff' as to placement on the appropriate segment of the BOCC portion of the agenda. 1-ands
acquired under said Programs shall be purchased with funds from either the BOCC: or the referenced grant
programs and shall be titled in the BOCC. MCLA's administration shall iinclUdei land stewardship -a
activities pursuant to Program IV below when the acquired properties are suited For rnanagernent as o
conservation laird. Otherwise, the BOCC:' agrees to niaaintain the acquired properties and C:'L 's
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«adraairdst:ration shall include coordinating with BOCC staalT (Facilities Maintenance or Project �
Management)regarding maintenance activities such as snowing,trash removal,etc. when needed. �
1. Less lean l~', e ccpu lmsrtropp„ I�ro ggipr 'this is a less ilaan fee accparisitiora parogr~aaraa
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to retire the rights to build dwelling units where the subject lot is owned by the �
adjoining homeowner. The prograrn was established by BOCC Resolution 1751-
2018 and amended by BOCC Resolutions 438-2018 and 06 - h Cl. -�
If. Density I eduction , !�quisitron Progragi:This is a fee simple acquisition pro,ggra:m
for those lots that are not suited for nidnagenrent as conservation land. The
program was established to retire the rights to build dwelling units on said lots
pursuant to the 301 Interlocal Agreement between MCLA and the BOCC�..
Itl. L7ensity Reduction Resale ProgEg r. A p,rrog;raana to resell Density Reduction Lots
(lots not suited for management as conservation land) subject to deed restrictions
p rohibiting development with dwelling units needs to be formally established 0
wN�ith criteria and processes, as provided for in. L.S. 125.35(3). ]'Ile Board has
previously approved of offering eleven Duck Key lots for sale through
Resolutions 379-2019 and 122-2031:, neither resolution contemplated or �
authorized further dispositions. �s
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IV. Conservation Land Stewardshipm 1'ro gaga: ]'his is a program to manage �
conservation lands easing the Monroe County Environmental Land Management
and Resloration Fund (Iw"und 160, aka NICEL.,MR1"), a non-ad valorem! fi.and
established pursuant to l3C:CC Resolntiora 1 1?, 2004 and BOCC Resolution 1 l l-
siplCl. Said lands consist of conservation lands owned by the BOCC, �
conservation lands leased to the BOCC by the Board of "I"rustees of the Internal
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fillparcrvearrent Trust fund caf the State a:a�I' Florida, and conservation (ands owned
by MCL .
V. Corrimunit f Development Block Grant -- Disaster 6' ec.ov;e (t;`DBG-DR)
.ol'untary Ilome Buyout Program. This is a paro ;ranri to purchase and demolish
improved properties that were darnAg d during Hurricane Im-na and to acquire the �
associated ROGO exemptions pursuant to BOCC Resolution 150-2020, thereby
anmided oil March 171 2 '21. Properties acquired under this program must he n
nraintined for open space, recreation,or storrnwater naarra ernent. E
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V'1. N larpwd_N �frran tCp�rt p''ro�rauaa d-lfit1C tc .!Lgnd Demolition: This is a
program: to purchase and demolish irnparoved properties that were damaged
during Hurricane lrrn, to, ,acquire the associated ROGO exemption, and to
maintain tire: acquired parop enies as open, space. The BOCC authorized o
submitting a grant application for this program Orr July 18,201 (Item D-4). �
V11. F 1pod Mitigation Assistance dI M.A� .. cC uisitilon and, Demolition: This is au
program to purchase and demolish improved properties that were d'arnaged o
during Hurricane Irma or other flood events, to acquire the associated RC)GO
exenipation, and to maintain the acquired properties as open space. The BOCC �
authorized submitting a grant application 1'or this program on May 19,2021 (Items
1 -6).
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V111. Florida Forever Pr;pa�r° nj: MCr:L„A vvill coordinate with Florida Department cat'
Environmental protection (t EP) and Department of Econrnic Opportunity 0
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(L EO) regarding the States acquisition of property within Florida Forever
parcjects. MCLA will serve as the 130(',V's agent in implementing the 2017
Memorandum of Agreement, as subsequenly arraend, between Monroe County
and the Board of Trustees; of tile Internal Improvement 'I runt Fund of tile State of
Florida and will assist DEP in identifying willing sellers within Florida Forever m
parc��ects. Nothing in this agreement shall prevent the MCLA frorrr working
cooperatively with the DI=P on acquisitions of qualifying properties under the,
existing statutes, regulations, and ordinances governing land acquisitions by both �
entities.
s `CT"'rIO 4 - lE IN A NCANG: The BC�CC" Will corttirlue to handle the financial services; and funding
(including, but ncat l Illited to.. budgeting, paurchasing/bids/parocuremen, paaynrerrt to venclors and
applicants, and auditing) for the Programs referenced above, The currem funds include- Fund 316
Acquisition Fund; Fund 160: Monroe County d;nvironmenal Land Mana enaent and Restoration, Fund �
(MC ELMRA"), CI B(;-ICI p Ii'w1(;P; and FMA.. The Cleric of the Court will continue to issue vendor
payments. and BOC:C-" f d E payroll:. The Clerk will maintain board financial statements including annual
single audit report and audit fi ntiorl of BOCC.
SEC'.`"i"ION 5-- EMPLOYMENT: The positions referenced below will be BOCCI payroll positions and to �
tite extent not funded by the referenced grants, will be, funded by the d3OC:.'C.°, as long as tTle persons �
currently within the positions remain employed toyed in that position. Such funding shall include alp aitci'liary
funding necessary for such employee, including, but not limited to office space, technology, cell phone, e(
insurance benefits, retirement benefits and vehicle(s) necessary to impalement each position. Additionally,
MC LA Executive Director, to the extent possible, will bill the grant programs for time expended by the
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MCLA Executive Director. When grant hands are no longer available to fund personnel service. , BOCC
will continue to fund the positions, subject to annual appropriation,, unless otherwise agreed to,
STAFFING POSITION N[..fM[31m;RS:
Land Steward Ci1vlCiM- CJ.5
[wand.Steward Assistant CslvlENV-020
New 1=TE Laud Steward Employee T'BD n
Acquisition Manager' CalvlPL,N-032 _
Mitigation Adniinistrator Cwi"vfh:TL,G-053
The positrons listed above will be rnanaged by and report to the MCLA A Executive Director, according to
the BOCC adopted Personnel policies and Procedures (PPP), as unaay be arnertded frornn tirne to time, as �
well as the Career Service Council ,act and corresponding rules and regulations. In the case of any
sr.uspension, discharge, reduction in pay, or dernotion of such ertuployees, the Executive Director shall be
required to obtain C-ou.urnty Administrator approval with a review by the Ernployee Services Director and
County Attorney to assure the Executive Director followed the PPP.
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SECT ION
Any new positions that will be added will be MCLA positions. If, at any time, arty of the employees
currently occupying the positions listed above leaves the position or separates from employment with
Monroe County, tine position will from that point forward be an MCLA employee, and M'CLA will be the
employer for all purposes for that position. In this case, the parties will work in good faith to aurnerrd this
agreement to find the position appropriate to tine program,
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For each of' the live (5) positions listed above, while tile position is held by a BOCC employee but:
managed by the MCLA Executive Director, MCLA agrees to indemnify and hold harmless the BOCC for
any and all eunployment clairns tiled by the employee arising out of the employment, including but not
limited to: workers' compensation; unemployment; and any clairns arising out of federal, state or local �
laws including but not limited to alleged violations of A.rnericans with 'Disabilities Act as amended, Title E
" 11, and Section 504 of the Rehabilitation Act of 1973, to the extent the costs of'such claims exceed ally
insurance coverage provided to the MCLA through the County, The terra "claim" shall include liability
or potential liability for wages and all, other farms of damages,as well as attorneys" fees and costs. ar
As long* as B(.)C'C funded employees are assigned ~,work under the MCLA Pursuant to this. Section. the
parties shall review this section no later than July 1 of each year to €Ieterrnine if any BOCC funded �
positions Should be transitioaned to the lv1Cl.,A. The parties shall work cooperatively to seek any �
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legislative changes to 'tine MCLA ernatling statute arrd.lor ordinance drat are necessary to formalize the
transfer of the BOCC'funded positions and programs to the MCLA.
SECTION N 7 - CIS SERVICES. The BOCC will provide CIS services related to land acquisition, and, �
access and maintenance of related (JIS layers. In addition, the BOCC will continue to support and U)
provide access to systrerns, files, and data bases to support tine Programs, including but not limited to
Alchemy,Community PLUS, county data servers and File directories. and permitting software platforms. ar
SECTION fI _ EXECUTIVE DIRECTOR FI VEHICLE: "t'"Ire BOCC will provide the I.xecuutive Director
With use of the 1001d"93 4 vehicle. The vehicle covered in this interlocal agreement will be maiurtained by <
il!ne, C"o�u.rra'ty fleet nnarnaa, erncrnt and included in the replacement program, which provides benefits, such as,
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bulk purchasing. The MC'I.A will pay the county's annual maintenance, repair, and, refrlacerraent cost of
the vehicle,estimated lay the budget office by invoice.
SECTION 9- MISCELLANEOUS:
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A. Modifications to this Agreernent shall he valid only when reduced to writing and duly
signed by all parties. if any term or provision of this Agreement shall be inval!i,d or ur
unenforceable to any extent, the parties agree to conrfaly with the rernaining terms and S
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provisions, unless cornpliance with the remaining terms and provisions would prevent the E
acconafrlislaraaent of the original intent ofthe agreeraaent between the parties. Either party
rimy terminate, this Agree neat at any tune, with or without cause. Terrnination shall take
effect upon receipt of�written notification by a pally to the other party. CD
B. Notification under this Agreement shall he m certified by hand delivery, U.S. rnail, o
return receipt rerlucsted, or an express Mail with larool'ofd'elivery. Notification by a party �
shall be delivered asfollows:
E
Monroe County Administrator
1 100 Simonton Street
4-
Key West, FL 33040
Monroe County Attorney
111 1 1 12cr, Street,Suite 408
[fey West, FL 33040 �
0
Monroe County Comprehensive Plan Land Authority Executive Director CL
1200 'Truman Ave., Suite 207
Key "'hest, FL 33040
Gregory S. Clrrolrezar, Esquire �
Attorney for Monroe County C:'oniprehensive Plan [,and Authority W
221 Sirnonton Street
Key West, Ft.., 33040 �
[The rensainder of this page is intentionally blank]
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WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their
thereto duly autharized.
CD
F
esy„ All
r EV1N MADOK.CLERK MON ROE COUNTY BOARD OF
COUNTY COMMISSIONERS
4-
By: �r c �,�1 By:
As Depujylrk Michelle Coldiron. Mayor
0
.t.r11 , Approved for legal sufficiency for reliance by the County Commission only. CL
a Robert B. Shillinger, County Attorney Dignally sryned 6y Robert B.Shillmger
1
Robert B. Sh i l l i ng er oALcn=RobC u th A" n y,M H 5 County ROC C.
u=Monroe County Attorney,email=shillingcr-
6o6amon—couaty-fl.gOt'. =�5
Date:2021.07 23 15 NOS_f4'OT
MONROE COUNTY
COMPREHENSIVE PLAN
r`*'�.r.�.,.•y,,� LAND AUTHORITY
By: 1�4. U �iT+ti By: 76
Charles G. Pattison, Execulive Director David P. Rice-Chairman
A r'PRIOVED FOR LEGAL SUFFICIENCY:
By:
Gregory S.OrOpeca, Esq.
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